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2017

Supreme Court of the United States

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Articles 1 - 30 of 114

Full-Text Articles in Law

Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies Dec 2017

Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


National Labor Relations Board V. Murphy Oil Usa, Inc.: A Test Of Might, Elizabeth Storey Dec 2017

National Labor Relations Board V. Murphy Oil Usa, Inc.: A Test Of Might, Elizabeth Storey

Duke Journal of Constitutional Law & Public Policy Sidebar

National Labor Relations Board v. Murphy Oil USA pits two co-equal federal statutes head-to-head. The Federal Arbitration Act mandates that all arbitration clauses be enforced. The National Labor Relations Act grants employees the right to act collectively to bring claims against employers. The Supreme Court must decide whether arbitration clauses in employment contracts, which require employees to arbitrate work-related disputes on an individual basis, contravene the interests of the NLRA. This commentary argues that the Supreme Court should recognize how these arbitration clauses undermine and subvert the protections of the NLRA by disallowing employees to act collectively. By invoking the ...


Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies Dec 2017

Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Sessions V. Dimaya: Vagueness Doctrine & Deportation Statutes, Matthew Gibbons Dec 2017

Sessions V. Dimaya: Vagueness Doctrine & Deportation Statutes, Matthew Gibbons

Duke Journal of Constitutional Law & Public Policy Sidebar

Sessions v. Dimaya seeks to determine whether the residual clause of a criminal provision, incorporated by reference into a civil immigration law, is void for vagueness. Although there is an instance of the Supreme Court applying the criminal vagueness standard to an immigration statute resulting in deportation, the United States argues that immigration law is not subject to that vagueness standard because it is civil and not criminal. This commentary argues that Sessions v. Dimaya presents the Supreme Court with an opportunity to conform with its precedents, further the principles underlying vagueness doctrine, and appear to apply judicial rules consistently ...


Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos Nov 2017

Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos

Book Chapters

One of the most longstanding debates in educational policy pits the goal of equality against the goal of adequacy: Should we aim to guarantee that all children receive an equal education? Or simply that they all receive an adequate education? The debate is vexing in part because there are many ways to specify “equality” and “adequacy.” Are we talking about equality of inputs (which inputs?), equality of opportunity (to achieve what?), or equality of results (which results?)? Douglas Rae and his colleagues famously argued that there are no fewer than 108 structurally distinct conceptions of equality. And how do we ...


Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran Oct 2017

Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran

Articles

In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is fit to parent the second child. This article explores this practice, examines its origins, and discusses its constitutional inadequacies.


Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Stein V. United States Of America (U.S. September 15, 2017) (No. 17-250)., Janet Moore Sep 2017

Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Stein V. United States Of America (U.S. September 15, 2017) (No. 17-250)., Janet Moore

Faculty Articles and Other Publications

Petitioner’s case asks a basic but fundamental question: Will our criminal justice system permit convictions obtained through the knowing use of false testimony, simply because the prosecutor has not also suppressed evidence indicating the testimony was false? The Eleventh Circuit answered this question in the affirmative, but for decades this Court has known a very different justice system, one in which the knowing, uncorrected use of false testimony by the prosecutor could never be countenanced. And for good reason. As this Court has long recognized, the knowing use of false testimony is “as inconsistent with the rudimentary demands of ...


Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies Sep 2017

Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies Sep 2017

Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies Sep 2017

Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Section 5: Criminal Law Panel, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2017

Section 5: Criminal Law Panel, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 6: Election Law Panel, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2017

Section 6: Election Law Panel, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 2: Trump And The Court, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2017

Section 2: Trump And The Court, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 3: Business Law Panel, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2017

Section 3: Business Law Panel, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 4: Immigration Law Panel, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2017

Section 4: Immigration Law Panel, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2017

Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


2017-2018 Supreme Court Preview: Schedule And Panel Members, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2017

2017-2018 Supreme Court Preview: Schedule And Panel Members, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


2017-2018 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2017

2017-2018 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Newsroom: U.S. Supreme Court Justice Ruth Bader Ginsberg To Visit Rwu Law 08-31-2017, Roger Williams University School Of Law Aug 2017

Newsroom: U.S. Supreme Court Justice Ruth Bader Ginsberg To Visit Rwu Law 08-31-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Inimicus Libertatis: Chief Justice Rehnquist’S Majority Or Plurality Opinions In The Field Of Criminal Procedure, Donald E. Wilkes Jr. Aug 2017

Inimicus Libertatis: Chief Justice Rehnquist’S Majority Or Plurality Opinions In The Field Of Criminal Procedure, Donald E. Wilkes Jr.

Scholarly Works

Since the early 1970’s an increasingly conservative Supreme Court of the United States has been leading this country through a “Criminal Procedure Counterrevolution” (also called “The Rehnquisition”), during which the federal rights and remedies of criminal defendants have been inexorably and significantly eroded. There are numerous books and law review articles discussing this counterrevolution. Chief Justice Rehnquist, the most articulate and ideological of the Courts conservative justices, may properly be regarded as the intellectual founder and leader of this trend in favor of restricting criminal procedure rights.

This article analyzes and provides a bibliography of Supreme Court criminal procedure ...


Supreme Court Term In Review: Ot 2016, Donald Roth Aug 2017

Supreme Court Term In Review: Ot 2016, Donald Roth

Faculty Work Comprehensive List

"Even though the Court is expected to be apolitical, there are many who assume that the judges are beholden to party politics."

Posting about recent major cases before the U.S. Supreme Court from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

http://inallthings.org/supreme-court-term-in-review-ot-2016/


Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies Jul 2017

Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies Jul 2017

Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies Jul 2017

Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Scotus's 2016-17 Term: The Calm Before The Storm?, John M. Greabe Jul 2017

Scotus's 2016-17 Term: The Calm Before The Storm?, John M. Greabe

Law Faculty Scholarship

[Excerpt] “The court's just-completed 2016-17 term contained no . . . blockbusters. Its highest profile ruling was an unsigned opinion that modified preliminary injunctions issued by lower courts to prevent President Donald Trump's "travel ban" orders from going into immediate effect.

But that ruling did not decide whether the president's orders are in fact unconstitutional. Instead, the court put that important question off until the fall, by which time further factual developments -for example, the executive branch completing its review and deciding to lift or modify the bans -may well render the issue moot.”


Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies Jul 2017

Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Implementing The Refugee Eo: Add Grandparents, Peter Margulies Jun 2017

Implementing The Refugee Eo: Add Grandparents, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies Jun 2017

The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Byrd V. U.S. (U.S. June 12, 2017) (No. 16- 1371)., Janet Moore Jun 2017

Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Byrd V. U.S. (U.S. June 12, 2017) (No. 16- 1371)., Janet Moore

Faculty Articles and Other Publications

More than two centuries after it was ratified, the Fourth Amendment continues to protect the “right of the people to be secure” from “unreasonable searches.” U.S. Const. amend. IV. Modern technological advances and social developments do not render our rights “any less worthy of the protection for which the Founders fought.” Riley v. California, 134 S. Ct. 2473, 2494–95 (2014). This Court plays an essential role in ensuring that the Fourth Amendment retains its vitality as an indispensable safeguard of liberty, even as Americans dramatically change the ways they organize their everyday affairs. This case calls for the ...


Race, Partisan Gerrymandering And The Constitution, John M. Greabe Jun 2017

Race, Partisan Gerrymandering And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”